LowellDeeds

A new law gives registries of deeds the power to refuse any document that should - but that does not - contain a tax stamp. This statute was a reaction to a few instances where large transfers (shopping malls, baseball parks) occurred without any transfer tax being paid. Since there are many valid reasons why tax stamps might not be required, many lawyers are concerned that registries will wield this new power unwisely, refusing to record deeds that should be recorded, thereby plunging the effected real estate deals into chaos. I can only speak for the registry in Lowell, but it's highly unlikely that we'll refuse documents because tax stamps are not affixed. In questionable cases, we will do what we've always done: accept the stated explanation of why no stamp is required, but then forward a copy of the deed with an explanation of our reasons questioning whether a tax stamp is required to the Department of Revenue and let the DOR do what they're supposed to do - assess and collect taxes owed the Commonwealth.